Revolutionary War Pension and Bounty Land Warrant Application File S. 10,719, Nathaniel Garter, Va.

SERVICE
NUMBER
Va.
Garter Nathaniel or Garten
S. 10719
carded
CONTENTS

Det. Agent. payt Dec 21 '35 J. M. Hutchinson Jr
Paid at the Treasury under the act of the 16 April 1838 from 4 Sept 1838 to 4 March 1839. Age not specified 7 March 1840
C. H. Ja
Virginia 23974 to Rachel Carter of Henrico in the State of — who was a — in the Company commanded by Captain (Barnes) of the Regt commanded by Col — in the Virginia for — for the sum of 30.00
Inscribed on the Roll of Virginia at the rate of 30 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18th day of May 1831 to — and — to — to —
Arrears to the 4th of March 34 90.00 Semi-annual allowance ending 4 Sept 15.00 105.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by — Clerk, Book 6 — Vol. 62 Page 15

Dr. Hutchinson & Co.
State of Virginia:
At a Court held for the County of Monroe at the Court House on Monday the 21 st day of April 1834.
It is ordered to be certified that Griffith Garden whose affidavit is given upon Nathaniel Garden's declaration for a pension, is a credible man Resident in the County of Monroe; and that his Statement thereon written is entitled to credit.
Stillinger 30.335

State of Virginia } Monroe County } S S
On this 17 th day of February 1834 personally appeared in open Court before the Justices of the County Court of Monroe Nathaniel Barton aged 74 years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832. That he entered the service of the United States under the following named Officers and served as herein stated. That he was born in Orange County State of Virginia in the year 1759 as he has always been informed, but that he has no record of his age; that he engaged as an Indian Spy in the year 1777 from the first of January to the first of March by Capt d Robert Cravens of the militia in the County of Rockingham State of Virginia and Lieu t Trout; that he was marched to Tygart's Valley then in the County of Augusta 13 where he remained 3 months at Warwick Fort for the purpose of protecting the inhabitants from the barbarities of the Indians as they had previously committed many depredations during which time he was constantly examining the ways by which the Indians came to the settlement in order that he might give intelligence to the Company stationed at the Fort. He was not in any engagement with the Indians as they (having ascertained that the Fort was guarded) did not attack it; That he with several others pursued the Indians for some days, marching from 40 to 50 miles a day; they suffered extremely for the want of provisions. At the expiration of the three months he returned home to the County of Rockingham, from

which place he had started, and remained there about one year; Afterwards hearing that the Indians were doing much injury to the people and their property in Fygarts' Valley, he was marched back under the command of Lieut. John Rice as an Indian Spy, 3 where he remained 3 months again in active service as before stated. He returned home a second time and remained another year, from whence he was to Nutters Fort at the west Fork of Monongahela river, a distance of 200 miles under the command of Cap t William Kincaid where he remained three 3 months to guard the Farmers while at work in their Fields. He returned home & moved to the County of Greenbrier (Now Monroe) where he has since resided and does now reside. In the Spring of the year 1781 being informed that James Mack's family were taken prisoners by the Indians, on Indian Creek, he volunteered & went to Safford's Fort on Indian Creek where he staid three weeks reconnoitering the country between the mouth of Blue Stone Creek and the mouth of Indian Creek to protect the farmers during the time they were planting their Corn; for which service he received no pay. He has no documentary evidence & knows of no person who can testify to his services. He is known in his present neighborhood to Col Richard Shanklin Cap t William McDaniel & Cap t John H Vawter & others who can testify as to his veracity and their belief of his services as an Indian Spy. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension Roll of the Agency of any State

Sworn to and Subscribed this day & year first written
he. Nath l G. Garton (Mark)
year
On this 17 th day of February 1834. Personally appeared in Open Court Griffith Garton brother of the said Nathaniel Garton who being first duly sworn first duly sworn according to law deposeth and saith that he well recollects that his brother Nathaniel Garton was equipped & left home prepared to fight the Indians at three several times and he was from home each time about three months.
Sworn to & subscribed in Open Court the date above
G. Griffith Garton
We James Christy a clergyman residing in the County of Monroe and State of Virginia and Richard Shanklin residing in the same County & State do hereby certify that we are well acquainted with Nathaniel Garton who has subscribed and sworn to the foregoing declaration; that we believe him to be 74 years of age; that he is reputed & believed in the neigh- borhood where he resides to have been an Indian spy & soldier of the Revolution, and that we concur in that opinion
Jas. Christy Sen r Richard Shanklin
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the war Department that the above named applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them, that James Christy who has signed the preceding certificate, is a clergy-

= (man resident in the County of Monroe & State of Virginia and that Richard Shanklin who has also signed the same is a resident in the said County & State and is a credible person, and that their statement is entitled to credit.
I John Hutchinson Jr clerk of the court of Monroe County do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Nathaniel Gartin for a pension.
In Testimony whereof I have hereunto set my hand and seal of office at Union this 19 th day of February 1834 In the 58 th year of the Commonwealth
J. Hutchinson Jr. Cme
State of Virginia:
At a Court held for the County of Monroe at the Court House on Monday the 21 st day of April 1834.
It is ordered to be certified that Griffith Gartin whose affidavit is given upon Nathaniel Gartin's declaration for a pension, is a credible man & resident in the County of Monroe; and that his statement thereon written is entitled to credit.
Nathaniel Gartin 30.335
I John Hutchinson Jr Clerk of the Court of Monroe County do hereby certify that the above is a true copy of an order entered of record, in the matter of the application of Nathaniel Gartin for a pension.
In Testimony whereof I have hereunto set my hand & seal of office at Union this 22 nd day of April 1834 In the 58 th year of the Commonwealth
=lib.
J. Hutchinson Jr.
C. M. C.

W.W.W.
February 14, 1927
Thomas H. S. Schooley 34 Portage Ave., Detroit, Mich.
Sir:
I have to advise you that from the papers in the Revolutionary War pension claim S. 10719 it appears that Nathaniel Garten(or Carter) was born August 11, 1759 in Orange County, Virginia.
While a resident of Rockingham County, Virginia he enlisted January 1, 1777 and served three months as Indian Spy in Captain Robert Craven's Virginia Company. This service was as a substitute for his brother Uriah.
He subsequently served two tours of three months each as Indian Spy in Lieutenant John Rice  Rice and Captain  Captain William Kincaid's Virginia Companies, after which he moved to Greenbrier County(which was later Monroe County, ), Virginia and volunteered in the spring of 1781 and served three weeks as Indian Spy at Fort Lafferty.
He was allowed pension on his application executed February 17, 1834 while a resident of Monroe County, Virginia.
It is not stated whether he was ever married.
Respectfully,
WINFIELD SCOTT Commissioner.
He knew no dates in his pension report gave length of services, but did not say one year later etc
Soldier had brother Griffith Garten His brother Uriah served a tour of three months for him (Nathaniel)

Revtran ✓
10 7/19
INVALID.
y. Feb. 14 - Hst. to Pres. N. S. Schooley. His letter in ch. Shadrach Hiatt. MMF
File No. 10 7/19
Nathaniel Garter Rev Peter War
Act: June 7 th 1832
Index: — Vol. a , Page 137
[Arrangement of 1870.]

TREASURY DEPARTMENT,
Second Comptroller's Office,
February 12 th 1840.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Nathaniel Garten, — a Pensioner on the Roll of the Richmond, Va. Agency, at the rate of Thirty Dollars and _____ Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of Sept. 1838. to the 4 th March, 1839.
Respectfully, yours,
Wilson B. Passig Comptroller.
To the Commissioner of Pensions,
Present.

Mathew G. Parker
30.335
Adm 9. Months —
fr:
7 ap. 32
John Hutchinson fr:
Union C.A.
va

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjocined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Nath Gorler
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.              
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same), who has hereby certify, that we are well acquainted with, who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must fix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
The credibility of Infidel yulca must be established

Union Va April 23 rd
Free
Simon
To The Secretary of War Washington City
Post Office
April 28. 1834
Williams Petersburg

You will herewith have returned N. Garton's papers with the proofs required - as is believed.

Nathaniel Carlton
Monroe County

Nathaniel Garton. (9 Mo. W. Australia.)
I the undersigned Nathaniel Garton. Make the following declaration of my services as a soldier in the war of the rebellion. - on the 11 th of August last I was about 75 or 76 yrs old. am a native of Orange County W. I lived in the County of Rockingham during the war.
When I was under 16 yrs of age my father was drafted for a 3 Mo. term. he was there from June to August. I took his place. Marched from Rockingham County in 3 Capt Robert Grady's company to Zapparts Valley. on getting there our company was divided and divided about to different stations. I went with my Captain to Waricks Station remained there in active service for 3 Mo. -
In the next succeeding summer. I substituted for William Campbell for 3 Mo. Went from Rockingham 3 in Capt Sinclair's company to the West fork of the Shenandoah Shenandoah, was at Nutter's & Brum pits in active service for 3 Mo.
perhaps it was in the next succeeding summer. I substituted again for a man whose name I have forgotten. Went from same county under Lieut. Rice to Zapparts Valley. was stationed at Wolf's pits for 3 Mo. I can't recollect the date of my services. but it was all done during the war of the rebellion. - I was drafted for 3 Mo. term. but my father was not in place I had to go for him to take my place. - I was as ignorant of dates at the time of making my declaration as I am now. - Being Alexander with my declaration Sept 9. 1835 Nathaniel Garton for self. a copy to Mary Garton.